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303. According to the Government’s response, statements allegedly made by
individuals criticizing Islam, such as those statements referred to by the Special
Rapporteur, are not illegal under United States law. Even where the United States
Government finds the content of such expression to be misguided and repugnant, the
Constitution mandates that the Government neither prohibit nor regulate speech
merely as a result of disapproval of the ideas expressed. The criminal justice system
penalizes specific unlawful actions (which might or might not be inspired by hate,
xenophobia, or racism), as opposed to punishing speech itself. The Government’s
preferred approach to addressing hate speech is to confront it openly, to denounce it,
and to promote tolerance, equality, and similar ideals through competing speech.
304. With regard to the negative comments on Islam allegedly made by Lieutenant
General William G. Boykin, Deputy Under-Secretary of Defence for Intelligence,
while speaking to private groups, the Government informed the Special Rapporteur
that the office of the Inspector General at the Department of Defence had opened an
investigation into this matter and that this investigation was still ongoing. Responding
to a question about General Boykin’s remarks at a press conference on 28 October
2003, President Bush reportedly said that “He doesn't reflect my point of view or the
view of this administration”.
305. According to the Government’s response, there were numerous examples
that illustrated the commitment of the United States to free speech and religious
tolerance, including:
(a) President Bush had hosted Iftaar dinners at the White House in 2001,
2002 and 2003 to celebrate Eid al-Fitr. During his remarks at the 2003 dinner,
President Bush observed: “As we defend liberty and justice abroad, we must
always honour those values here at home. America rejects all forms of ethnic and
religious bigotry. We welcome the values of every responsible citizen, no matter
the land of their birth. And we will always protect the most basic human freedom
the freedom to worship God without fear.”;
(b) President Bush had visited the Islamic Center of Washington, DC and
had made numerous public statements in support of Islam and its adherents;
(c) On 20 February 2003, a jury found Charles Franklin of Florida guilty
of damaging religious real property. He was sentenced to a term of 27 months'
imprisonment for driving his vehicle into the entryway of the Islamic Center of
Tallahassee in Tallahassee, Florida;
(d)
On 3 April 2003, Robert Goldstein pleaded guilty to a charge of
conspiracy to violate civil rights, attempting to damage religious property,
obstruction of persons in the free exercise of religious beliefs, and possession of
firearms not registered to him. He had planned to detonate an explosive device at
the Islamic Society of Pinellas County, Florida, an Islamic education and cultural
centre. In June 2003, he was sentenced to 12 years and 7 months’ imprisonment.
Then Assistant Attorney-General for Civil Rights, Ralph Boyd, Jr., stated:
“Today's guilty plea is a reminder that acts of violence targeted at individuals
because of their race, religion, or national origin will not be permitted in the
United States--they will be aggressively investigated, swiftly prosecuted and